- Your Terms of Service Agreement in Using HoneyDrip:
- The HoneyDrip website is a social media website and application service operated by the company, West of Hudson Group, company registration number: 85-1411235 401 and registered address: 802 N Crescent Dr, Beverly Hills, CA90210. (“WOH Brands LLC”).
- The HoneyDrip website is offered and available only to Users who are verified to be 18 years of age or older.
- This Agreement is a legally binding agreement between WOH Brands LLC and you as a User of the Honey Drip platform. This agreement consists of: (i) these Terms of Service for all Users, (ii) Acceptable Use; (iii) Terms of Service for Fans, (iv) Terms of Service for Creators, (v) Privacy Policy, and (vi) Complaints Policy.
- This Agreement governs your use of the HoneyDrip website, including any content, functionality and services offered on or through the website whether or not part of HoneyDrip.
- By registering and using the HoneyDrip website, you accept and agree to the Terms of and agree to be bound by this Agreement. You must not access the HoneyDrip website if you are not at least 18 years old and/or do not agree to the Terms of this Agreement.
- Any information we provide on the HoneyDrip website, including responses to questions frequently asked by users, are not legally binding on us and are not part of these enforceable Terms of Service.
- Definitions In this Terms of Service Agreement:
- “Chargeback” means a bona fide demand by a credit-card provider or bank for WOH Brands LLC to make good the loss the credit card provider or bank has incurred because the User has without justification disputed a purchase for which the User paid for using the User’s credit card.
- “Creator” means a User who uploads Content on the HoneyDrip website to be viewed by other Users.
- “Commission” means the amount calculated as a percentage of the Revenue paid by Fans to view a Creator’s Content or to use the Fan Interaction.
- “Content” means any material uploaded to HoneyDrip by any HoneyDrip User, Creator or Fan, including but not limited to any photos, videos, audio, livestream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes.
- "Fan" means a User who follows a Creator and views the Creator's User Content.
- “Fan Interaction” means any functionality offered by a Creator as part of the Creator’s Content which allows a Fan to interact with a Creator beyond viewing the Creator’s Content.
- "Fan Payment" means any and all payments made by a Fan to a Creator, including payments for access to a Creator's Content, for interaction with the Creator, to procure new Content from the Creator, to subscribe to the Creator's account and to use the fan interaction function on the Creator's account.
- “Payment Options” means each Creator’s instruction to a Payment Provider regarding the transfer of payment to the Creator.
- “Payment Provider” means any third party approved by WOH Brands LLC which enables a User to make a payment to HoneyDrip or a Creator to receive payments from HoneyDrip.
- “Refund” means that return of funds to a Fan after a bona fide dispute.
- “Revenue” means the monies paid by a Fan to WOH Brands LLC to view Content or to use Fan Interaction.
- "Standard Contract between Fan and Creator" means the terms which govern each transaction between a Fan and a Creator on HoneyDrip
- “User" means any user of the HoneyDrip website, whether a Creator or a Fan, or both. User is also referred to herein as "you" or "your".
- “User Account” means the section of the HoneyDrip website which can only be accessed by us or the User which specifies the Payment Provider and Payment Options.
- “Wallet Credits” means payments a Fan chooses to prepay to WOH Brands LLC known which the Fan can use to view User Content and/or engage in Fan Interaction under the terms set forth herein.
- “Website” means the website at HoneyDrip.com.
- “WOH Brands LLC” means WOH Brands LLC, with company registration number: 85-1411235 and registered address: 802 N Crescent Dr, Beverly Hills, CA90210. WOH Brands LLC is also referred to herein as “we”, “us or “our.”
- “HoneyDrip” means the social network of Users operating on the Website which enables Users to provide and view Content and utilize Fan Interaction.
- Your Eligibility to Use HoneyDrip: By using the Website, you represent and warrant that you are of legal age to enter into a binding contract with WOH Brands LLC. You must not access our Website if you do not meet these conditions. The HoneyDrip Privacy Policy details how we use third party information to verify your eligibility.
- Communications from WOH Brands LLC: By using the Website, you consent to receiving communications from WOH Brands LLC electronically, including emails and messages posted to your HoneyDrip account, all as more fully detailed in the HoneyDrip Privacy Policy. You hereby acknowledge and agree that all communications WOH Brands LLC sends to you electronically satisfy the legal requirement that communications with you from WOH Brands LLC be in writing.
- Changes to the Terms of Service:
- WOH Brands LLC reserves the right to make changes to these Terms of Service at its sole discretion at any time. All changes will take effect immediately at the time WOH Brands LLC posts the changes and apply to all use of the Website thereafter. By continuing to use the Website, you agree to the current Terms or as hereafter modified. We expect you to check the Terms of Service page for updates with a reasonable frequency so you are aware of changes, all of which are binding on you in using the Website.
- We may change any part of the Terms of Service without telling you beforehand in the following circumstances:
- If a change in laws and regulatory requirements which applies to the services that HoneyDrip provides requires us to change the terms and conditions without a reasonable opportunity to notify you in advance of the change; or
- If an unforeseen and imminent danger related to defending HoneyDrip, Fans or Creators from fraud, malware, spam, data breaches or other cybersecurity risks occurs.
- We may also change or suspend any portion of these Terms of Service, for non-legal reasons in which case we will give you reasonable notice of such changes by email or through the Website. You may then contact us to end your agreement with us before the changes take effect.
- WOH Brands LLC/Substance of Content: WOH Brands LLC does not own the Content on HoneyDrip. The Content is not the views of or endorsed by WOH Brands LLC. Other than acting as the agent of a Creator to receive payment from a Fan, WOH Brands LLC has no responsibility for any interaction or transaction between Users.
- Access to Content. We cannot guarantee that HoneyDrip, or all Content on the Website, will always be available or accessible without interruption. We may suspend or withdraw or restrict the availability of all or any part of HoneyDrip for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal if it affects you.
- WOH Brands LLC’s rights in Operating HoneyDrip: WOH Brands LLC reserves the right to do the following at any time without notice to you:
- Modify, suspend or terminate HoneyDrip or any portion thereof.
- Delete any Content you post on HoneyDrip as a Creator if WHP reasonably determines that the Content violates these Terms or any applicable law.
- Monitor your use of the HoneyDrip, including any Content or message you post or broadcast on HoneyDrip, to verify compliance with these Terms (including, in particular, our Acceptable Use Policy) or any applicable law.
- Investigate any suspected or alleged misuse or unlawful use of HoneyDrip and cooperate with law enforcement agencies in such investigation.
- Disclose information about your use of HoneyDrip in response to a court order or a law enforcement investigation.
- Change the HoneyDrip Payment Providers to a new Payment Provider in good standing upon notice and applicable details being uploaded to your User Account.
- Suspension of Access to Your Content
- We have the right to suspend access to any Content you post on HoneyDrip which does not comply with the Terms of Service, our Acceptable Use Policy and/or any applicable law.
- Pending our review of the Content in question, you may request a review of our decision to suspend access to the relevant Content by contacting us at support@HoneyDrip.com.
- Following our investigation of the suspected non-compliance or unlawfulness of the relevant Content, we may take any action we consider appropriate, including to reinstate access to the Content or to permanently remove or disable access to the relevant Content without needing to obtain any consent from you and without giving you prior notice. You agree to promptly provide us with all information we reasonably request to assist us in our investigation of the questionable Content.
- We will not be responsible for any loss arising from or associated with the suspension of access to your Content.
- If we suspend access to or delete any of your Content, we will notify you via email or electronic message to your User Account. However, we are not obligated to provide you with notice prior to removing the Content.
- During any period when access to your User Account is suspended, any Fan Payments which would otherwise have fallen due during the period of suspension will be suspended, and we may withhold all or any part of the Creator Earnings due to you but not yet paid out in accordance with the Terms of Service for Creators.
- HoneyDrip Account Registration: You hereby agree that all User Account information you provide to us is accurate, complete and current. You further agree that you will not sell, rent or transfer your User Account to any third party. You will need the following to register as a MyHoneyDrip User:
- A valid email address, username and password or authentication using a valid Twitter or Google account. You hereby confirm that all information you submit to HoneyDrip is accurate, complete and current. Note that WOH Brands LLC reserves the right to disable any username, password, or other identifier at any time and at WOH Brands LLC’s sole discretion if WOH Brands LLC reasonably believes that you have violated any provision of these Terms of Service.
- If you intend to view User Content, details of a payment card to a Payment Provider. This information will be stored by the Payment Provider, not WOH Brands LLC.
- If you are a Creator and you wish to be paid Commissions, you will upload a valid form of I.D. onto your User Account Payment Options. You may also need to submit additional information such as a W-9 if you are a U.S. resident. Note that other than with respect to Creators requesting payment by direct bank payment from WOH Brands LLC, the payment data you disclose when you register your Payment Options with the Payment Provider is not stored by WOH Brands LLC when you register your Payout Options with the Payment Provider.
- WOH Brands LLC reserves the right to verify at any time the information you provide in registering your User Account. If WOH Brands LLC is unable to verify the information you provide, WOH Brands LLC may suspend your account.
- Conditions to Your Use of HoneyDrip: Your right to use HoneyDrip is based on the following conditions:
- Your agreement that you are fully responsible for any and all activities that occur on your User Account and for keeping your login details confidential and secure, including passwords and any other piece of information that forms part of our security procedures, and you will not disclose these to anyone else. You agree to notify WOH Brands LLC at customerservice@honeydrip.com if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. if you believe someone has accessed your User Account. You also agree to ensure that you have logged out at the end of each session and will be cautious when accessing your User Account from a public or shared computer.
- Your agreement that all information you provide as a User or otherwise, including but not limited to information provided through the use of any interactive features on the Website is governed by WOH Brands LLC’s Privacy Policy at https:honeydrip.com/privacy, and that you are aware of how and why WOH Brands LLC processes your personal data as set out in WOH Brands LLC’s Privacy Policy.
- Your agreement to comply in full with these Terms of Service and all other parts of your Agreement with WOH Brands LLC regarding your use of HoneyDrip.
- Your agreement that if you elect to input two or more payment card details into your User Account and payment on the first card is rejected, the other payment card may be used to collect full payment of the Revenue due.
- Your agreement that will not use any third-party payment processors to accept payments for Subscriptions or any other service, via HoneyDrip.
- Payments and Revenue:
- You must add a payment card to your User Account and then click the ‘Subscribe” button on the relevant Creator’s profile in order to view User Content or engage in Fan Interaction. Your payment card details will be passed to a Payment Provider to take payment from your payment card and then transfer the payment to WOH Brands LLC’s account.
- WOH Brands LLC will procure payment from Payment Provides to ensure that Creators receive the Commission owed to them from your payment. The Commission will be the sum of 80% of the Revenue generated by Fans paying to view User Content uploaded by you or for Fan Interaction. The difference between the Revenue and Commission being a management fee charged by WOH Brands LLC and payments due to the Payment Providers. WOH Brands LLC charges the management fee for providing, operating and maintaining the Website.
- WOH Brands LLC takes payment of the Revenue and holds the Commission for the Creator in its capacity as an agent for the Creator. In other words, WOH Brands LLC receives the Revenue and holds the Commission on behalf of the Creator and not on your behalf as a Fan. Once WOH Brands LLC receives payment from you, you have no further liability to the Creator and the Creator will allow you as a Fan to view the User Content or engage in Fan Interaction.
- The Payment Provider will take monthly payments or payments for ad hoc purchases such as Fan Interaction. You may cancel monthly payments at any time by deactivating the ‘Auto-Renew” switch located under the relevant Creator’s User Content profile or contacting WOH Brands LLC at customerservice@honeydrip.com. Once you cancel your monthly payments, you may still view the Creator’s User Content until the end of the current billing period but after that period ends, you will no longer be able to view the Creator’s Content and you payment card will no longer be billed each month.
- All payments to view User Content or engage in Fan Interaction are refundable as determined on a case-by-case basis. If WOH Brands LLC is informed that a Fan has sought and received a Refund or Chargeback, WOH Brands LLC will take the appropriate action, if any. Any purchase of User Content or a Fan Interaction which is found to be subject to a Refund or Chargeback may result in the User’s Account being immediately terminated and no longer allowed on HoneyDrip. The Refund or Chargeback may be removed from the earning Creator’s income at WOH Brands LLC’s discretion. The Creator may be alerted to the Fan Refund or Chargeback.
- Wallet Credits: A Fan can choose to prepay a certain sum to WOH Brands LLC known as Wallet Credits which the Fan can use to view User Content and/or engage in Fan Interaction under the following terms:
- WOH Brands LLC are subject to a maximum amount to be set by and changed from time to time by WOH Brands LLC in its sole discretion.
- All payments of Wallet Credits cannot be withdrawn and are non-refundable.
- All Wallet Credits are non-transferable.
- Purchases on the Website cannot be divided between Wallet Credits and the Fan’s payment card. If a Fan attempts to make a purchase that exceeds the balance in the Fan’s Wallet Credits, the Fan’s payment card will be charged the full amount.
- WHP’s Intellectual property rights:
- Other than User Content, the Website and its entire contents, features, databases, source code, processes and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection and arrangement thereof) are owned by WOH Brands LLC, our licensors or other providers of such material. All of the foregoing is protected by copyright, and may be protected by trademark, trade secret, and other intellectual property laws.
- You agree not to reproduce, distribute, modify or create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website except for you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If you print, copy, download, modify or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Service, your right to use HoneyDrip will terminate immediately and you will be required to return or destroy, at WOH Brands LLC’s option, any copies of the protected materials you have made.
- The HoneyDrip name, logos, produce and service names, designs and slogans are trademarks of WOH Brands LLC or WOH Brands LLC affiliates or licensors. You must not use such marks without WOH Brands LLC’s express written consent. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.
- Other than User Content, no right, title, or interest in or the Website or any content on the Website is transferred to you and all rights not expressly granted are reserved by WOH Brands LLC. Any use of the Website not expressly permitted by these Terms of Service is a breach of your agreement with us and may also violate copyright, trademark and other laws.
- WOH Brands LLC respects the intellectual property rights of third parties and complies with the Digital Millennium Copyright Act (“DMCA”). WOH Brands LLC has created a policy to terminate repeat copyright infringers. WOH Brands LLC will provide a copy of its repeat infringer policy upon request from a User.
- WOH Brands LLC License to You:
- Subject to all of the terms, conditions, limitations and restrictions contained in these Terms of Service, we grant to you a conditional, revocable, non-transferable, non-sublicensable, non-exclusive and limited license to use the Website for your own personal and lawful use only.
- You acknowledge and expressly agree that the foregoing license may be revoked and terminated by WOH Brands LLC at any time and for any reason.
- All use of HoneyDrip not expressly permitted by these Terms of Service is strictly prohibited and all rights not expressly granted herein are reserved by WOH Brands LLC.
- Your License to WOH Brands LLC:
- By entering into this Agreement with us, you confirm that you own all intellectual property rights, including copyright and trademarks, in your Content or that you have obtained all necessary rights to your Content which are required to grant licenses in respect of your Content to us and to other Users.
- You agree to grant us a license to perform any act restricted by any intellectual property right (including copyright) in your Content for any purpose reasonably related to the operation of HoneyDrip. Such acts include without limitation to reproduce, make available and communicate to the public, display, perform, distribute, translate, and create adaptations or derivative works of your Content.
- The license which you grant to us under sub-section 16. (b) above:
- is perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable and transferable by us;
- remains in effect even after your agreement with us ends and you stop using HoneyDrip;
- does not require us to pay you for the license and allows us to grant a sub-license of your Content to someone else or assign or transfer the license to someone else;
- allows us, for example, to add stickers, text, and watermarks to your Content, to make your Content available to other Users of HoneyDrip, as well as to use your Content for other normal operations of HoneyDrip.
- does not allow us to sell your Content to other platforms, though we may sell or transfer any license you grant to us in this Terms of Service Agreement in the event of a sale of WOH or its assets to a third party.
- Although you grant us a license to use your Content as detailed above, we do not own your Content and are under no obligation to police infringements of your Content. However, under this Terms of Service Agreement, you grant us the right to submit notifications of infringement (including of copyright or trademark) on your behalf to any third-party website or service that hosts or is otherwise dealing in infringing copies of your Content without your permission. To that end, you will provide us with all consents and other information which we reasonably need to submit notifications of infringement on your behalf. Please see our Complaints Policy for how to make a complaint about infringement of intellectual property rights.
- You waive any moral rights which you may have under any applicable law to object to derogatory treatment of any Content posted by you on HoneyDrip. This waiver does not affect in any way your ownership of any intellectual property rights in your Content or the rights which you have to prevent your Content from being copied without your permission. The waiver is intended to allow us when dealing with your Content (as permitted by the license which you give us in section 16. (b) above) to add watermarks, stickers or text to your Content.
- Linking to and from HoneyDrip:
- Links to HoneyDrip:
- You may link to the HoneyDrip homepage, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part or in any way damage our reputation.
- If you are a Creator, you must comply with our Terms of Service and the terms of service of any other website where you place a link to or otherwise promote your Creator account. You must not promote your HoneyDrip account by using Google Ads or any similar advertising platform or search engine advertising service.
- Links from HoneyDrip: HoneyDrip may contain links to other sites and resources provided by third parties which will be provided for your convenience only. Such links are not an endorsement or approval by us of those websites or information included on those linked sites. We have no control over the contents of those sites and have no responsibility for any loss or damage that may arise from your use of those sites. If you decide to access any of the third-party websites linked to HoneyDrip, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
- Twitter: HoneyDrip allows Users to connect a Twitter account and to post any HoneyDrip posts to Twitter. By using this feature, you must fully comply with and respect Twitter’s Terms of Service.
- Links to HoneyDrip:
- Termination of Your Agreement with WOH Brands LLC:
- WOH Brands LLC may terminate your agreement with us and your use of and access to HoneyDrip for any reason by giving you ten (10) days notice by email or electronic message to your User Account. We can also suspend your access to HoneyDrip immediately and without prior notice if:
- You have breached our Acceptable Use Policy or if you attempt or threaten to breach any part of these Terms of Service in a way which has or could have serious consequences for us or another User; or
- You take any action that we believe in our reasonable discretion has caused or is likely to cause us to suffer a loss or otherwise harms the reputation and good will of HoneyDrip.
- Upon termination of your HoneyDrip account, we may deal with your Content in accordance with our Privacy Policy (including by deleting it) and you will no longer be entitled to access your Content. Note that there is no technical means on the HoneyDrip platform by which you would be able to access your Content following termination of your account.
- WOH Brands LLC may terminate your agreement with us and your use of and access to HoneyDrip for any reason by giving you ten (10) days notice by email or electronic message to your User Account. We can also suspend your access to HoneyDrip immediately and without prior notice if:
- Deactivating your account: If you want to delete your HoneyDrip account, access the 'User Account' section of your HoneyDrip account.
- If you are a Fan, the deletion of your account will take place within a reasonable time following your request, not to exceed a period of seven (7) days.
- If you are a Creator, your account will remain open until the last day of your Fans' paid subscription period after which date you will receive your final payment and your account will be deleted.
- If you are both a Fan and a Creator then your account will be deleted in two stages, in accordance with subsections 17.(a) and (b) above.
- Once your account has been deleted, you will not be charged any further amounts or have access to your former HoneyDrip account or its Content. Any subscriptions will be deleted and cannot be subsequently renewed. You will receive an email confirmation upon the successful deletion of your account. Once your account has been deleted, we may deal with your Content in any appropriate manner in accordance with our Privacy Policy (including by deleting it) and you will no longer be entitled to access your Content. There is no technical means on HoneyDrip for you to be able to access your Content following termination of your account.
- Our disclaimer of responsibility or liability for the following:
- The views expressed by Creators or Fans on HoneyDrip are not necessarily the views of WOH Brands LLC and WOH Brands LLC assumes no responsibility for the Content on HoneyDrip except as expressly stated herein.
- WOH Brands LLC holds no rights in the Content posted by Creators on HoneyDrip which may only be granted to you by Creators.
- WOH Brands LLC assumes no responsibility or liability arising out of recognition or identification of you by others from your Content. Note that HoneyDrip does not guarantee the accuracy of or effectiveness of certain geofencing or geolocation technology on HoneyDrip that we may use from time to time in our sole discretion.
- WOH Brands LLC is not responsible for reviewing or moderating Content, and we do not select or modify the Content that is stored or transmitted via HoneyDrip. We are under no obligation to monitor Content or to detect breaches of the Terms of Service including our Acceptable Use Policy.
- WOH Brands LLC makes no promises or guarantees of any kind that Creators will make a particular sum of money (or any money) from their use of HoneyDrip.
- WOH Brands LLC does not promise that HoneyDrip is compatible with all devices and operating systems. You are responsible for configuring your information technology, device, and computer programs to access HoneyDrip. You should use your own virus protection software.
- We are not responsible for any lost, stolen, or compromised User Accounts, passwords, email accounts, or any resulting unauthorized activities or resulting unauthorized payments or withdrawals of funds.
- Once your Content is posted on HoneyDrip, we cannot control and will not be responsible to you for the use which other Users or third parties make of such Content. You can delete your account at any time, but you acknowledge that deleting your account will not of itself prevent the circulation of any of your Content which may have been recorded by other Users in breach of the Terms of Service or by third parties prior to the deletion of your account.
- Limitation of Liability for damage suffered by you in using HoneyDrip:
- Whether you are a consumer or business User: We do not exclude or limit in any way our liability to you where it would be unlawful to do so under federal, state, local or any other applicable law.
- WOH Brands LLC is not responsible to you for any loss or damage suffered by you that is not a foreseeable result of our breaching this Terms of Service Agreement or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you agreed to the Terms of Service, both we and you knew it might happen.
- WOH Brands LLC is not liable to you for any loss or damage caused by a distributed denial-of-service attack, virus, ransomware, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of HoneyDrip or any of its services, features or programs, or due to your downloading of any material posted on it, or on any website linked to it.
- WOH Brands LLC is not liable to you if your Content is copied, distributed, reposted elsewhere or its copyright is infringed by another User or any third party.
- WOH Brands LLC is not liable to you for any disclosure of your identity, or any disclosure or publication of your personal information by other Users or third parties without your consent (also known as “doxing”).
- WOH Brands LLC is not liable to you for any failure or delay by us in complying with any part of the Terms of Service arising from events outside our reasonable control. If there is any failure or delay by us in complying with any part of the Terms of Service arising from an event outside our reasonable control, then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay.
- WOH Brands LLC’s total liability to you for any and all claims arising out of or related to your agreement with us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise shall be limited to the greater of:
- 100% of the total fees paid by you to us in connection with your use of HoneyDrip; and
- USD 5,000.
- Miscellaneous:
- Entire Agreement. This Agreement represents the entire understanding between you and us regarding your use of HoneyDrip.
- Waiver. The waiver by either Party of a breach of any of the provisions of this Terms of Service Agreement by the other Party shall not be construed as a waiver by the non-breaching Party of any subsequent breach.
- Severability. If any provision of this Terms of Service Agreement shall be found invalid, illegal or unenforceable, the offending language shall be deemed stricken from the Agreement without affecting the validity, legality and enforceability of the rest of the Agreement.
- Transfer; Assignment. Our rights and obligations under your agreement with us can be assigned or transferred by us to others if our ownership changes by merger, acquisition, sale of assets or by law.
- Delegate of duties. We may delegate performance of any of our obligations under your agreement with us to any third party, but we will remain responsible to you for the performance of such obligations.
- Other Terms & Policies. Certain other terms or policies forming part of the Terms of Service will also apply to you and form part of your agreement with us, as follows:
- Terms of Service for Fans – which contain additional terms which apply if you use HoneyDrip as a Fan;
- Terms of Service for Creators – which contain additional terms which apply if you use HoneyDrip as a Creator;
- Privacy Policy – which applies to all Users and tells you how we use your personal data and other information we collect about you;
- Acceptable Use Policy which applies to all Users and tells you what you can and can’t do on HoneyDrip; and
- Complaints Policy - which sets out the procedure for making a complaint about any aspect of HoneyDrip, and how we will deal with that complaint.
- Contact Information for WOH Brands LLC: If you have any questions about HoneyDrip, please email our support team at support@honeydrip.com.
TERMS OF SERVICE FOR ALL HONEYDRIP USERS
HONEY DRIP TERMS OF USE FOR FANS
BY USING THE HONEYDRIP WEBSITE AS A FAN, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS.
- Your Agreement with Us: These Terms of Use for Fans are in addition to the terms set forth in the HoneyDrip Terms of Service for All Users which constitutes your Agreement with WOH Brands LLC, the company that operates HoneyDrip (“WOH Brands LLC”), regarding your use of the Honey Drip platform. In addition to this Terms of Use for Fans, you also agree to the following:
- Terms of Service for all Users.
- Privacy Policy – which tells you how we use your personal data and other information we collect about you.
- Acceptable Use Policy – which tells you what you can and can not do on HoneyDrip.
- Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of HoneyDrip, and how we will deal with that complaint.
- If you are also a Creator, the terms of Use for Creators will also apply to your use of HoneyDrip.
- The Standard Contract between Fan and Creator –although this is separate from your agreement with us, it serves as the agreement between you and Creators with regard to each transaction between you and a Creator.
- Terms of Use for Creators will apply to your use of HoneyDrip as a Fan If you are also a Creator.
- Definitions: The definitions provided in the Terms of Service for all Users also apply to this Terms of Use for Fans. Additionally, the following definitions are used in this Terms of Use for Fans:
- “Subscription" means a Fan's monthly subscription to a Creator’s account.
- "Tax" shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of the United States or any other jurisdiction.
- "VAT" means United Kingdom value added tax and any other tax imposed in addition to or in substitution for it at the rate from time to time imposed and any equivalent or similar governmental, state, federal, provincial, or municipal indirect tax, charge, duty, impost or levy in any other jurisdiction.
- “Wallet Credits” means prepayments can make to WOH Brands LLC which you can later use to make Fan Payments. Wallet Credits are subject to a maximum amount as determined by WOH Brands LLC from time to time. Interest will not accrue on Wallet Credits
- Your Representations to WOH Brands LLC: You will be legally bound by the following representations and warranties:
- You are at least 18 years old, or if the country/state/province where you reside requires you to be older than 18 to be legally bound by a contract, that you are at least that age.
- You are not be barred from accessing HoneyDrip under any laws which apply to you.
- You agree that you will be liable to us and indemnify us if any of the warranties at section 3 is untrue. This means you will be responsible for any loss or damage we suffer as a result of any warranty being untrue.
- We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of HoneyDrip. We do not have any obligation to monitor any Content and have no direct control over what your Content may comprise.
- You acknowledge that you are aware that some of the Content on HoneyDrip contains adult material, and you agree to take this into account when deciding where to access and view Content. We will not be responsible to you if you suffer any loss or damage as a result of your accessing or viewing Content containing adult material in a way which places you in breach of any contract you have with a third party (for example, your employment contract) or in breach of any applicable law.
- Content on HoneyDrip: In addition to the terms set out elsewhere in the Terms of Service and our Acceptable Use Policy, you agree to the following terms with regard to the pay-per-view, pay-per-view media and pay-per-view live stream Content you view as a Fan on HoneyDrip:
- HoneyDrip (i) is not responsible for and does not endorse any aspect of any Content posted by you or any other User of HoneyDrip; (ii) does not have any obligation to monitor any Content; and (iii) has no direct control over what your Content may comprise.
- You acknowledge that you are aware that some of the Content on HoneyDrip contains adult material, and you agree to take this into account when deciding where to access and view Content. We will not be responsible to you if you suffer any loss or damage as a result of your accessing or viewing Content containing adult material in a way which places you in breach of any contract you have with a third party (for example, your employment contract) or in breach of any applicable law.
- Subscriptions and Purchases by Fans: This section describes the Terms which apply to transactions and interactions between Fans and Creators:
- All transactions and interactions facilitated by HoneyDrip are contracts between Fans and Creators on the terms of the Standard Contract between Fan and Creator. Although WOH Brands LLC facilitates transactions and interactions between Fans and Creators by providing the HoneyDrip platform, storing Content, and acting as a payment intermediary, we are not a party to the Standard Contract between Fan and Creator or any other contract which may exist between a Fan and Creator, and are not responsible for any transactions or interactions between Fans and Creators.
- Creators are solely responsible for determining (within the parameters for pricing on HoneyDrip) the pricing applicable to transactions and interactions and the Content to which you may be given access. All prices appear in USD only. Fan Payments are exclusive of VAT, which shall be added at the current rate as applicable to Fan Payments.
- To view a Creator's Content and/or utilize the Fan Interaction function on HoneyDrip, you must first add a payment card to your account and then click the 'Subscribe' button on the relevant Creator's profile.
- You authorize WOH Brands LLC to supply your payment card details to a third-party payment provider for the purpose of processing your Fan Payment. All Fan Payments will be charged in USD. Your Payment Provider may charge you currency conversion fees. WOH Brands LLC does not have control over currency exchange rates or charges imposed by your Payment Provider or bank and we are not responsible for paying any charges or fees imposed by your Payment Provider or bank.
- If you have provided two or more payment cards on your User Account, and one card is rejected for any reason when you attempt to make a Fan Payment, the other payment card will be used to collect the full Fan Payment.
- The payment provider will take (i) monthly payments from your payment card for Fan Payments which are Subscriptions; and (ii) immediate payments from your payment card for ad hoc Fan Payments such as use of the Fan Interaction function on a Creator's account or paying a tip to the Creator. You authorize and consent to each of these payments being debited using your supplied payment card details.
- Apart from free-trial Subscriptions, all Subscriptions to a Creator's profile will automatically renew at the end of the monthly subscription period, except if your payment card was declined, the subscription price has increased, or you have turned off the "Auto-Renew" switch located on the relevant Creator's profile. This means that if you want to stop subscribing to a Creator's profile and paying continuing monthly subscription charges, you must turn off the "Auto-Renew" switch located on the relevant Creator's profile.
- If you cancel a Subscription, you will continue to be permitted to view the relevant Creator's Content until the end of the subscription period in which you cancelled, after which no further payments will be taken from your payment card in respect of subscriptions to that Creator's profile, and you will no longer be able to view the relevant Creator's Content.
- You agree that you will not make unjustified requests for a Refund from any Creator which you follow, or an unjustified Chargeback requests with your Payment Provider in relation to any transaction between you and a Creator. If WOH Brands LLC considers that any request for a Refund or Chargeback request was made by you in bad faith, we have the right to suspend or delete your User Account.
- Wallet Credits. You can prepay Wallet Credits which you can later use to make Fan Payments. Purchases on HoneyDrip cannot be divided - if you attempt a purchase that costs more than the total amount of your remaining Wallet Credits, your payment card will be charged the full amount for that purchase. You are entitled upon request (whether before or after the termination of your agreement with us) to a refund of unused Wallet Credits, unless we reasonably determine that your request for a refund is not made in good faith.
- Suspension of your User Account: If we suspend your User Account in accordance with our rights under the Terms of Service, then any Fan Payments which would otherwise have fallen due during the period of suspension of your User Account will be suspended during the period of the suspension of your User Account.
HONEY DRIP TERMS OF USE FOR CREATORS
BY USING THE HONEYDRIP WEBSITE AS A CREATOR, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS.
- Your Agreement with Us: These Terms of Use for Creators govern your use of the Honey Drip platform as a Creator. In addition to the Terms set forth below, the following HoneyDrip agreements also apply to your use of HoneyDrip as a Creator and you hereby expressly agree to the Terms contained therein:
- Terms of Service for all Users.
- Acceptable Use Policy.
- Privacy Policy.
- Complaints Policy.
- Terms of Use for Fans (which will apply to your use of HoneyDrip if you are also a Fan).
- Standard Contract between Fan and Creator (although this is separate from your agreement with WOH Brands LLC, it serves as the agreement between you as a Creator and your Fans with regard to each transaction between you and your Fans).
- Definitions: The definitions provided in the Terms of Service for all Users also apply to this Terms of Use for Creators. Additionally, the following definitions are used in this Terms of Use for Creators:
- “Co-Authored Content” means content on your Creator account which shows anyone else other than you or in addition to you, even if that person cannot be identified from the Content.
- “Creator Earnings” means the balance of eighty per cent (80%) of the Fan Payment and are paid to you as detailed in the Payouts to Creators section below.
- "Person with Majority Control" means any individual who meets one or both of the following conditions in relation to a corporate entity:
- The individual holds, directly or indirectly, more than 50% of the shares in the corporate entity; and/or
- The individual holds, directly or indirectly, more than 50% of the voting rights in the corporate entity.
- "Tax" shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of the United States or any other jurisdiction.
- “VAT" means United Kingdom value added tax and any other tax imposed in addition to or in substitution for it at the rate from time to time imposed and any equivalent or similar governmental, state, federal, provincial, or municipal indirect tax, charge, duty, impost or levy in any other jurisdiction.
- Our Fee for Creators use of HoneyDrip. In exchange for covering the costs of providing, maintaining and operating HoneyDrip and storing your Content, we charge you a Fee of thirty per cent (30%) of all Fan Payments made to you. Our Fee is deducted from the Fan Payment at the time of payment.
- Establishing your Creator Account:
- Access your User Account page to upload the following in a .PNG or .JPG format, under 7MB in size:
- A close-up photo of your government issued identification - driver’s license, passport or federal I.D. card – that shows the entire document – back and front. All 4 corners of the government issued I.D. must be visible and your face must be fully visible on the document; and
- A “selfie” photo of yourself holding your I.D. – both your face and the entire I.D. must be visible in the photo.
- Add bank account details of your own bank account or the bank account of a corporate entity in which you are a Person with Majority Control on your User Account page.
- You will need on your User Account page to select one of the available methods provided by HoneyDrip as to how your Creator Earnings will be transferred to you. These methods are called Payout Options.
- If you are registered for VAT in the UK, you will need to provide us with your valid UK VAT number. You may also need to submit additional information depending on the country where you live.
- We may reject your application to set up a Creator account for any reason, including the following reasons:
- Image of government issued ID is not clear or does not include back and front of document;
- Image of selfie with a government issued ID is not clear;
- ID provided is invalid, damaged or expired, or will expire in less than 30 days; and/or
- ID photo does not match your profile photo.
- Once you have satisfied the foregoing requirements, you may add Content and Users will be able to subscribe to your Creator account to become your Fans.
- Access your User Account page to upload the following in a .PNG or .JPG format, under 7MB in size:
- Fans Subscriptions: Once you have established a Creator account and added content, you may charge your Fans a monthly Subscription fee so long as your Subscription price for Fans is within the range allowed by HoneyDrip which is:
- Free subscription;
- A subscription price between $0.99 and $29.99 per month; and
- Bundles that allow Fans to buy a subscription for 3 months or more at one time.
- Creators Responsible for their own Account: You, like every HoneyDrip Creator, are the owner of your own account. You must have access to your account at all times. If your agent or an agency assists you with the operation of your Creator account (or operates it on your behalf), you alone still have personal legal responsibility for your account. Our agreement is with you and the involvement of your agent or an agency does not affect your legal responsibility for all Content posted on your account. You must ensure that your content and all use of your account complies with the HoneyDrip Terms of Service and Acceptable Use Policy.
- Creators who use corporate entities: If you set up a corporate entity to receive your Creator Earnings, you must provide evidence to us on request that you are the Person with Majority Control of that corporate entity. We will only pay your Creator Earnings into a bank account not held in your name where the bank account is held in the name of the corporate entity and you are the Person with Majority Control of that corporate entity. You agree that if you use a corporate entity to receive Creator Earnings you will comply with all laws (including Tax laws) which are applicable to corporate entities in the place where the corporate entity is established.
- Standard Contract between Fan and Creator: HoneyDrip facilitates transactions and purchases between Fans and Creators by providing the HoneyDrip platform, storing Content, and acting as a payment intermediary. However, we are not a party to the Standard Contract between Fan and Creator, or any other contract which may exist between a Fan and Creator and are not responsible for any transactions or interactions between Fans and Creators. A summary of the terms of the Standard Contract between Fan and Creator are as follows: When a Fan has made the required payment for access to your Content or for use of the Fan Interaction function on your account, you must allow the Fan to view the Content and/or allow the Fan to use the Fan Interaction function paid for (as applicable). If you do not satisfy this obligation, you will be responsible for any loss or damage (including loss of profit) we suffer as a result of you failing to comply with this obligation).
- Rules Regarding Your Content on HoneyDrip: We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of HoneyDrip. We do not have any obligation to monitor any Content and have no direct control over what your Content may comprise. You warrant and represent (which means you make a legally enforceable promise) to us that for each item of Content which you post, display, upload or publish on HoneyDrip:
- The Content complies in full with the Terms of Service for all Users and, in particular, our Acceptable Use Policy.
- You hold all rights necessary to license and transact with respect to your Content on HoneyDrip, including in the United States and in each territory where you have Fans which means:
- You either own your Content (and all intellectual property rights in it) or have a valid license to offer your Content to your Fans;
- You have secured all rights, licenses, written consents and releases that are necessary for the use of any third-party property included in your Content and for the subsequent use and exploitation of that Content on HoneyDrip; and
- You agree that you will be responsible for any loss or damage (including loss of profit) we suffer as a result of any of the representations and statements in section 9 (b) above being untrue.
- You agree to act as custodian of records for the Content that you upload to HoneyDrip.
- Co-Authored Content: If your Creator account includes Content which shows anyone else other than or in addition to you, even if that person cannot be identified from the Content, you warrant and represent to us the following:
- Each individual shown in any Co-Authored Content uploaded to your account has given his or her express, prior and fully informed consent to his or her appearance in the Co-Authored Content.
- Each individual shown in any Co-Authored Content uploaded to your account has consented to the Co-Authored Content in which he or she appears on your HoneyDrip account.
- In addition to the confirmations in section 10 (a) and (b) above, you agree that if you upload Co-Authored Content where the other person or people appearing in the Content can be identified from the Content, you will tag the HoneyDrip account(s) of any person or people appearing in the Co-Authored Content who can be identified from it.
- You will not upload any Content containing any image, photo, video or audio of anyone else other than or addition to you unless such person is also a Creator on HoneyDrip.
- If any Co-Authored Content is a work of joint authorship, you are solely responsible for obtaining any required licenses or consents from any other joint authors of the Content which are sufficient to permit such Content to be uploaded to and made available on HoneyDrip.
- You agree that we will only pay out Creator Earnings to the account of the Creator to which the Co-Authored Content is uploaded. The Creator who uploaded the Co-Authored Content is solely responsible for dividing and distributing any revenue generated from the Co-Authored Content between the Creators shown in such Co-Authored Content. Any such revenue-sharing agreement shall be an independent, private agreement between Creators, and we are not responsible for providing or enforcing any such agreements.
- You understand and agree that you are not entitled to any Creator Earnings earned on any Co-Authored Content in which you appear but which is posted on another Creator’s account.
- If you post Co-Authored Content on your account, we may require you to provide valid and complete legal information for all individuals which appear in the Co-Authored Content. If you fail to provide any information requested by us upon our request, we may delete the Co-Authored Content, restrict your rights and permissions to post as a Creator, terminate your account, and/or withhold all or any portion of Creator Earnings earned but not yet paid out to you.
- You agree to release us from and not to make any claims against us arising from Co-Authored Content. You agree that all claims arising from Co-Authored Content shall be made against the Creator(s) who posted Co-Authored Content or appeared in the Co-Authored Content (as applicable).
- Content You Submit of a Third Party that is not Co-Authored Content: In order to include third-party content on your Creator account, you must upload the following:
- The third-party creator’s ID.
- The third-party creator’s selfie photo with matching ID.
- A release form signed by the third-party creator which allows you to use their content without a license.
- A selfie of the third-party creator with signed release form.
- Payouts to Creators:
- All Fan Payments will be received by a third-party payment provider approved by us. We will receive the Fan Payment in full from the relevant payment provider. We will deduct Our Fee from the Fan Payment and then will hold the Creator Earnings on your behalf in our capacity as your agent. Fan Payments are exclusive of VAT, which shall be added at the current rate as applicable to Fan Payments.
- We do not store any data disclosed by you when you register your Payout Options with a third-party payment provider other than for Payout Options involving payment by direct bank transfer from us.
- Your HoneyDrip account will be updated within a reasonable time with your Creator Earnings. Your Creator Earnings will become available for withdrawal by you from your HoneyDrip account once such Creator Earnings appear in your HoneyDrip account.
- Your HoneyDrip account must have at least the minimum payout amount in order to make a withdrawal of Creator Earnings from your account. You can see what the minimum payout amount is for your country of residence and Payout Option on the Banking page of your account.
- The amount that you see in your “current balance” in your HoneyDrip account is your Creator Earnings at the relevant time.
- All Fan Payments and Creator Earnings are transacted in USD only. Currency conversion or transfer fees may be charged by your bank in order for you to receive the money. Your e-wallet company may also charge you a fee for accessing the money. HoneyDrip has no control over currency exchange rates or charges imposed by your bank or your e-wallet company and is not responsible for paying any charges imposed by your bank or your e-wallet company.
- If a Fan successfully seeks a refund of a Fan Payment or chargeback from their credit card provider for the payment, we may investigate and may decide to deduct from your account an amount equal to the Creator Earnings earned by you on the charged-back or refunded amount.
- Withholding of Creator Earnings:
- Pending our investigation based on the following, we may withhold all or any part of the Creator Earnings due to you but not yet paid out for any of the following reasons:
- If we reasonably believe that you have or may have significantly or repeatedly breached any part of the Terms of Service;
- If you attempt or threaten to breach any part of the Terms of Service in a way which we think has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User); or
- If we suspect that all or any part of the Creator Earnings result from unlawful activity, either by you or by the Fan who made the Fan Payment.
- If following our investigation, we conclude that any of the foregoing violations by you have occurred, we may notify you that you have forfeited your Creator Earnings and we will not have any responsibility to you with respect to the Creator Earnings we withhold. If we determine that Creator Earnings are forfeited, we will use our best efforts to return the Fan Payments at issue to the Fans who paid them.
- Pending our investigation based on the following, we may withhold all or any part of the Creator Earnings due to you but not yet paid out for any of the following reasons:
- Tax compliance and VAT:
- As a HoneyDrip Creator, you represent and warrant that you will report to the relevant Tax authority in your jurisdiction the receipt of all payments made to you in connection with your use of HoneyDrip, as required by law.
- You alone are responsible for your own Tax affairs and HoneyDrip is not responsible or liable for any non-payment of Tax by Creators. We reserve the right to close your HoneyDrip account if we are notified of or become aware of any Tax non-compliance by you.
- UK VAT and UK established Creators: For the purposes of UK VAT only, Creators are treated as providing their services to HoneyDrip, rather than to Fans directly. For VAT purposes only, you will charge HoneyDrip your Creator Earnings (80% of all and any Fan Payments), together with UK VAT at the prevailing rate in force at the time of the Fan Payment. If you are a Creator in the UK who is not required to register for UK VAT, then you should monitor the level of taxable sales that you make in the UK (including any Referral Payments) to ensure you have not exceeded the VAT registration threshold in the UK. It is your obligation, as a taxable person, to monitor whether you have exceeded the VAT registration threshold.
PLATFORM TO BUSINESS REGULATION TERMS FOR CREATORS RESIDING IN THE EUROPEAN UNION OR THE UNITED KINGDOM
- Your Agreement with Us: These Platform to Business Regulation Terms only apply to HoneyDrip Creators who are established or are residents in the European Union or the United Kingdom. If these Platform to Business Regulation Terms apply to you, they form part of your agreement with us.
- Definition of Terms Herein: The defined terms in the Terms of Service for all Users have the same meaning in this statement.
- Purpose of these Platform to Business Regulation Terms: These Platform to Business Regulation Terms provide information about how the HoneyDrip practices and policies comply with the fairness and transparency requirements of EU Regulation 2019/1150 (the "Platform to Business Regulation").
- Promotion Across the HoneyDrip Platform: We may choose to promote you via our Instagram (www.instagram.com/honeydrip) and Twitter (www.twitter.com/honeydrip) social media accounts.
- Ranking on HoneyDrip: We have no ranking system or search/discovery feature on HoneyDrip. However, we may randomly suggest potential Creators for a User to follow based on the Creators that have earned money on HoneyDrip in the previous 30 days.
- Submitting a Complaint: You may submit a complaint to support@honeydrip.com based on any of the following:
- any violation of the terms of the Platform to Business Regulation by HoneyDrip which affects you; or
- any technological issues relating directly to HoneyDrip which affects you; or
- any measures taken by us or our conduct relating directly to HoneyDrip which affects you,
- Processing Your Complaint: Following receipt of your complaint under section 7 above, we will:
- Once we receive your complaint, we will investigate within a reasonable time period which will depend on the description of the offense that you provide, the scope of the problem and other factors reasonably affecting our investigation.
- We will contact you if we need further information or documents from you.
- Once we have sufficient information to determine the validity of your complaint, we will take the appropriate actions to address the issue your complaint has raised.
- Report the outcome of our investigation to you in plain and intelligible language by email or by message to your HoneyDrip User Account.
- Resolution through Mediation: If your complaint is not resolved to your satisfaction through our internal complaint-handling process, then you may access the mediation service by contacting:
Centre for Effective Dispute Resolution
International Dispute Resolution Centre
P2B Panel of Mediators
70 Fleet Street
London
EC4Y 1EU
United Kingdom
https://www.cedr.com/p2bmediation/
Both parties to the HoneyDrip contract (you and WOH Brands LLC) hereby agree to act in good faith throughout any mediation that is instituted to resolve your complaint. However, any attempt to reach an agreement on your complaint through mediation will not affect either your rights or WOH Brands LLC’s rights to commence legal proceedings at any time before, during or after the mediation process, in accordance with the Terms of Service for all Users that governs your use of HoneyDrip.